A group of seven NHS nurses has won a landmark employment tribunal case, successfully arguing they were subjected to harassment and sex discrimination after a transgender colleague was permitted to use female-only changing facilities.
A Landmark Tribunal Ruling
The women, employed by the County Durham and Darlington NHS Foundation Trust, brought claims of sexual discrimination and harassment. They stated that the trust's policy allowing nurse Rose Henderson – a person born male who identifies as a woman – to share their changing rooms violated their dignity and created an intimidating environment.
In a significant judgment delivered in Newcastle, Judge James Sweeney ruled that the trust had "engaged in unwanted conduct related to sex and gender reassignment." He found this conduct had the effect of "violating the dignity" of the claimants and fostered a "hostile, humiliating and degrading environment."
The tribunal concluded that while Henderson herself had not personally harassed the nurses, the trust's failure to address their serious concerns constituted harassment related to sex and gender reassignment.
Personal Testimonies and Trauma
The hearing, which took place in October and November last year, heard powerful personal evidence from the claimants. Nurse Karen Danson described a distressing encounter in September 2023, where she was alone in the changing room with Henderson.
She told the tribunal that Henderson, whom she perceived as male, asked her three times if she was getting changed. Ms Danson said the incident triggered a traumatic flashback to childhood sexual abuse, leaving her horrified and feeling unsafe.
In her witness statement, she said she had initially believed Henderson was a man, noting facial hair and a masculine appearance. "There was nothing in RH's appearance to suggest RH was anything other than a man," she stated, adding she had expected a transgender person to present as a woman.
A Victory for 'Common Sense' and Women's Rights
Lead claimant Bethany Hutchison, 36, hailed the ruling as a victory for common sense. "This is a victory for every woman who simply wants to feel safe at work," she said outside the tribunal. "Women deserve access to single-sex spaces without fear or intimidation. Forcing us to undress in front of a man was not only degrading but dangerous."
She added that the ruling sent a clear message that the NHS could not ignore women's rights and stated: "No woman should be forced to choose between her job and her safety."
The other claimants were Annice Grundy, 56; Lisa Lockey, 52; Carly Hoy, 31; Tracey Hooper, 47; Karen Danson, and Jane Peveller, 51. Their case was supported by prominent women's rights campaigner and author JK Rowling, who said before the hearing: "Millions of women support them."
The nurses had sued the trust for sexual harassment, discrimination, victimisation, and breaches of their right to a private life under Article 8 of the European Convention on Human Rights. The tribunal heard that when the nurses initially raised concerns, they were offered 'kindness training'.
This ruling references a Supreme Court judgment from April last year, which found that the terms 'woman' and 'sex' in the Equality Act refer strictly to biological sex. The case is seen as a pivotal moment in the ongoing national debate surrounding transgender rights, single-sex spaces, and the legal interpretation of the Equality Act 2010 within public institutions like the NHS.
